TITLE cultural-resources

Part I. Texas State Library and Archives Commission

Chapter 1. Library Development

13 TAC §1.77

The Texas State Library and Archives Commission adopts an amendment to §1.77, concerning local government support for public libraries, without changes to the proposed text as published in the April 30, 1999, issue of the Texas Register (24 TexReg 3277).

The amendment is required because of state legislation passed allowing the establishment of public libraries through public library taxing districts.

This amendment adds to the definition of local government sources those libraries established as library districts by the provisions of Local Government Code, Chapter 326.

No comments were received concerning the adoption of the amendment.

The amendment is adopted under the Government Code§§441.006(a), 441.136, and 441.0091, which provide the Commission with authority to govern the Texas State Library and adopt rules on various subjects.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 13, 1999.

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: September 2, 1999

Proposal publication date: April 30, 1999

For further information, please call: (512) 463-5440

Chapter 5. County Librarian Certification

13 TAC §§5.7-5.9

The Texas State Library and Archives Commission adopts new §§5.7-5.9, relating to county librarian certification, without changes to the proposed text as published in the April 30, 1999, issue of the Texas Register (24 TexReg 3277).

The new sections are required to bring Chapter 5 more closely in conformance with Government Code §§441.007, 441.0071, and 441.0072.

The sections provide a means of processing complaints from and about county librarians and certifying librarians from other states.

No comments were received concerning the proposed new.

The new rules are adopted under the Government Code§441.006(a) and §441.007(a) which provides the Commission with authority to govern the Texas State Library and adopt rules on certification of county librarians.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 13, 1999.

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: September 2, 1999

Proposal publication date: April 30, 1999

For further information, please call: (512) 463-5440

Chapter 6. State Records

Subchapter A. Records Retention Scheduling

13 TAC §§6.1-6.9

The Texas State Library and Archives Commission adopts amendments to 13 TAC §§6.1-6.9, relating to records retention scheduling by state agencies, without changes to the proposed text as published in the May 7, 1999, issue of the Texas Register (24 TexReg 3439).

These amendments revise the definitions and language of the rules to conform with Government Code, Chapter 441, Subchapter L, enacted by the 75th Legislature in 1997. To clarify two areas of the rules that have been a source of confusion to state agencies, the rules now define when a new agency is effectively established and subject to records retention scheduling requirements and now specify those instances in which a records retention schedule of a state agency must be amended during a certification period. The 1997 legislation considerably enhanced the authority of the state archivist over archival state records, and the rules now provide a means by which the records retention schedule of a state agency may be decertified for failure to cooperate with the state archivist in the identification of archival state records as required by state law.

Government Code, Chapter 441, Subchapter L requires each state agency to manage and preserve the records of its activities in the interests of itself, the state and its citizens. The records retention schedule developed, certified, and implemented under these rules is central to the effective fulfillment of that statutory duty. The commission believes that the amendments are necessary to conform rules relating to records retention scheduling to the requirements and intent of Government Code, Chapter 441, Subchapter L.

No comments were received on the proposed amendments.

These amendments are proposed under Government Code, §441.185(e), which provides authorization for the Texas State Library and Archives Commission to adopt rules relating to the submission of records retention schedules to the state records administrator. These sections affect Government Code, §441.185 and §441.186. §§6.1-6.9. Records Retention Scheduling.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 13, 1999.

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: September 2, 1999

Proposal publication date: May 7, 1999

For further information, please call: (512) 463-5440